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Aged Care Labour Agreement – What You Need to Know

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Introduction to the Aged Care Labour Agreement

Is your aged care facility struggling to attract and retain aged care workers?

As an Australian aged care provider, it is important to understand recent legal changes allowing you to sponsor workers. From 5 May 2023, Australian aged care providers can request an Aged Care Labour Agreement (ACLA) to recruit and sponsor experienced direct care workers in the following occupations:

  • Nursing Support Worker (Assistant in Nursing) (ANZSCO 423312);
  • Personal Care Assistant (Personal Care Worker) (ANZSCO 423313); and
  • Aged or Disabled Carer (ANZSCO 423111).

Employers can sponsor overseas workers on the following visas:

  • Temporary Skill Shortage visa (TSS) (subclass 482) for up to 4 years; and
  • Employer Nomination Scheme (ENS) visa (subclass 186) after a two-year transition period.

At Migration Unity, we understand the significance of aged care labour agreements in Australia and the benefits they have to Australian aged care providers. As a leading provider of immigration and employment solutions, we strive to offer comprehensive guidance and support to businesses seeking to navigate the complexities of the aged care sector.

In this article, we will delve into the details of new aged care industry labour agreement, highlighting their benefits, eligibility criteria, and the process involved in obtaining one. Our aim is to provide you with valuable insights that will enable you to make informed decisions and successfully secure an aged care labour agreement.

Understanding The Aged Care Labour Agreement.

Aged care labour agreements are a crucial aspect of the Australian aged care industry, facilitating the recruitment of skilled workers from overseas to address labour shortages in the sector. These agreements provide a streamlined pathway for approved businesses to sponsor overseas employees who possess the required skills and experience.

You can use the Aged Care Industry Labour Agreement to:

  • Sponsor overseas workers for the Temporary Skill Shortage (subclass 482) visa in direct care occupations such as:
    • Nursing Support Worker
    • Personal Care Assistant
    • Aged or Disabled Carer

      You need to have made recent and genuine attempts to recruit workers from the domestic workforce pool.
  • Sponsor overseas workers for permanent residence under the Employer Nomination Scheme (subclass 186) visa program. Workers must have at least two years of full time work experience in Australia in a relevant direct care occupation. The two years of work experience is not tied to a particular employer or visa subclass.

Benefits of New Aged Care Industry Labour Agreement

By entering into an aged care labour agreement, businesses can reap numerous benefits, including:

1. Access to Skilled Workers

Aged care labour agreements open up avenues to access a pool of skilled workers from overseas. This ensures that businesses can fulfill their staffing requirements with individuals who possess the necessary expertise and qualifications.

2. Flexible eligibility requirements

Under an aged care labour agreement, businesses have the flexibility to access the following concessions to standard skilled visa requirements:

  • two year pathway to permanent residence through the Employer Nomination Scheme
  • no post qualification work experience requirement
  • English language concessions for workers with relevant community language skills
  • annual salary of at least $51,222 AUD or the Australian Market Salary Rate, whichever is higher.

3. Streamlined Visa Nomination and Priority Visa Application Processing

The Aged Care Industry Labor agreement is currently being prioritised, and the Department have announced a streamlined nomination and visa application process. This streamlining ensures critical shortages are addressed promptly and also provides a smoother transition for overseas employees, enabling them to commence work in the aged care sector promptly.

The Process of Obtaining an Aged Care Labour Agreement

Securing an aged care labour agreement involves a systematic process that comprises the following steps:

1. Initial Assessment

Businesses interested in obtaining an aged care labour agreement should commence with an initial assessment from a Registered Migration Agent to determine their eligibility. This assessment involves a comprehensive evaluation of their workforce requirements and an analysis of the organisation.

2. Memorandum of Understanding (MoU)

To access the Aged Care Industry Labour Agreement, aged care providers must first enter into an MoU with the relevant unions(s):

3. Submission of Application

After the eligibility assessment and once an MoU has been entered, businesses are required to prepare and submit their application for the aged care labour agreement. This application should include all the necessary documentation to evidence the genuine need and demand of the labour agreement.

4. Approval and Implementation

Upon successful submission, the Department of Home Affairs will assess the application. If approved, the aged care labour agreement will be executed, enabling the business to commence sponsoring overseas employees as per the agreed terms and conditions.

Aged Care Labour Agreement Visa Application Requirements

On the Aged Care Labour Agreement has been signed and entered into, the below visa application requirements will apply:

  • hold a relevant AQF Certificate III or equivalent, or higher qualification. You can also have 12 months of relevant work experience or part time equivalence.
  • obtain a positive skills assessment from the Australian Nursing and Midwifery Accreditation Council or the Australian Community Workers Association if you obtained your qualifications overseas. This also applies if you claim work experience in lieu of the formal qualifications.
  • have an English language proficiency level of at least IELTS 5.0 or equivalent. Workers with target community language skills employed by culturally and linguistically diverse aged care providers need at least IELTS 4.5 or equivalent.

Conclusion

Aged care labour agreements serve as invaluable tools for businesses operating in the Australian aged care industry. They provide a pathway to recruit skilled workers from overseas, addressing labour shortages and enhancing the quality of care provided to the elderly. By understanding the benefits, eligibility criteria, and the process involved in obtaining an aged care labour agreement, businesses can position themselves for success in this sector.

If you require further assistance or guidance regarding aged care labour agreements, please do not hesitate to contact Migration Unity. Our team of experts in Australian immigration law is well-equipped to provide tailored solutions and support, ensuring a seamless experience throughout the entire process.

Picture of Taina Silva

Taina Silva

Director | Registered Migration Agent
MARN: 1802671 | MMIA: 19470 </